Additive manufacturing, or 3D printing, has revolutionised the manufacturing industry by allowing manufacturers to create three-dimensional objects from digital designs. Its applications span various sectors, including aerospace, automotive, healthcare, and consumer goods. For example, with the assistance of 3D printing, Rolls-Royce produces complex engine components, Jaguar Land Rover prototypes customised vehicle parts, Open Bionics customises prosthetics, and Nike designs custom footwear.
The Rise of Additive Manufacturing
Economically, 3D printing is believed to reduce production costs and time-to-market, enabling SMEs to compete with larger companies by lowering barriers to entry and fostering innovation through rapid prototyping and customisation, leading to more efficient production processes and quick market responses.
Environmentally, 3D printing can reduce waste and energy consumption by using only necessary materials, promoting sustainable practices. Producing parts on-demand and locally also reduces the carbon footprint from transportation and logistics, benefiting manufacturers under pressure to improve sustainability.
As with any novel, developing technology, 3D printing is not without legal risks. In this article, Simon Key, Emma Toes and Dominic Simon explore some of the risks to manufacturers and potential risk mitigation strategies. The strategies discussed are not exhaustive, and legal advice should always be taken.
Legal Risks
Product Liability Claim
Product liability claims can stem from, among other things, design flaws, functional defects, and inadequate warnings or instructions. These are particular risks created by 3D printing due to, among other things, a lack of centralised production control, the scope for customisation and material variability.
Manufacturers should, therefore, take proactive measures to mitigate product liability risks through, among other things:
- Testing and quality control measures to ensure products meet safety and performance standards consistently
- Adequate vetting of personnel, sufficient training (including follow-up training) and disciplinary procedures for internal failings
- Conducting regular audits and reviews to identify and address potential issues before they arise
- Maintaining detailed records of design and manufacturing processes. This documentation can be crucial in defending against liability claims by demonstrating adherence to safety standards and protocols
- Clearly communicating accurate product information, including usage instructions and safety warnings
- Staying informed about changes in regulations and updating practices accordingly to ensure compliance with relevant industry standards and regulations. Different industries have specific regulations governing the production and use of 3D printed products, and failing to adhere to these could be used as evidence in civil court proceedings
- Obtaining appropriate product liability insurance to protect against potential claims.
Intellectual property Disputes
As with more traditional methods of manufacturing, any business using 3D printers should be aware of the possibility that the end product could infringe on third-party intellectual property rights (IPRs).
Some IPRs (such as patents and registered designs) are monopoly rights, meaning that infringement of those rights can occur even if the manufacturer did not copy a product. If a product is copied, then the risk of infringing a broader range of IPRs (for example, copyright or design right/unregistered designs as well as a patent) is increased.
Manufacturers should consider obtaining clearance searches and legal advice before committing considerable resources to manufacturing the product: this will allow them to make an informed decision concerning the risk and likely success of an infringement claim, as against the benefits of commercialising the product.
Furthermore, manufacturers should be alive to the possibility that their designs (in both digital and physical form) could embody or otherwise entitle the manufacturer to their own IPRs.
Whilst some IPRs come into existence without the need for registration, others require not only registration but also that the applications for registration are made (subject to some narrow exceptions) before the product is disclosed.
Failing to apply for registration before disclosure of the product can deprive a manufacturer of what could otherwise have been a very valuable IPR.
Regulatory Investigations
Compliance with regulatory requirements is essential for manufacturers operating in the 3D printing space. As above, different industries may have different standards and regulations. Failure to comply with these regulations could result in regulatory investigations, which result in fines and reputational damage.
Manufacturers must ensure that their products meet applicable standards and stay informed about regulatory changes. Engaging with regulatory bodies and seeking legal advice can help navigate the complexities.
Conclusion
3D printing has changed and continues to transform the manufacturing industry, offering numerous advantages such as rapid prototyping, customisation, and the ability to create complex geometries. As the adoption of 3D printing continues to grow, manufacturers who take these proactive steps to address the legal risks will be better positioned to harness its full potential. Engaging with legal experts and seeking tailored advice will further ensure that manufacturers navigate this innovative landscape successfully.
This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
